Retail restaurant kitchen

Retail Food Establishments are businesses that prepare, serve, store, or sell food directly to the public. Food preparation and storage must occur in a commercial kitchen or other approved food facility. Examples include restaurants, coffee shops, bars, food trucks, grocery stores, caterers, and similar operations.  

Click for Retail Food License Application

Retail Food Establishment Basics:

“Retail food establishment” means an operation, whether mobile or at a temporary or stationary facility or location, that meets one or more of the conditions in subsections (24)(a)(i) and (24)(a)(ii) and that may include a central processing facility that supplies a transportation vehicle or a vending location or satellite feeding location.

Click here for additional definitions for Retail Food Establishments. 

Are you experiencing illness you believe may be linked to eating at a retail food establishment?

Path to Licensure:

Step 1: Determine Your Facility Type
Identify the type of food establishment you plan to operate (restaurant, food truck, grocery store, coffee shop, catering operation, etc.). 

Step 2: Verify Water and Wastewater
Ensure your proposed location has an approved water supply and wastewater disposal system. 

Step 3: Submit a Plan Review Application
Submit a complete application, including but not limited to: 

  • Menu  
  • Floor plan  
  • Equipment specification sheets for all equipment  
  • Water and wastewater information  
  • Additional required documentation  

Step 4: Receive Plan Review Approval
The Health Department will review your application and notify you if additional information is needed. 

Step 5: Construct and Equip the Facility
Complete construction and install all approved equipment, fixtures, and plumbing in accordance with the approved plans. 

Step 6: Successfully Complete a Pre-Operational Inspection
Once construction is complete and all equipment is operational, contact the Health Department to schedule a pre-operational inspection. 

A Retail Food Establishment may not open, operate, serve food, or provide food to the public until: 

  • The facility has successfully passed a pre-operational inspection; and  
  • A Retail Food License has been sent to the Montana Department of Health and Human Services (MT DPHHS) for approval by Gallatin City-County Health Department. The State Licensing fee must also be paid to MT DPHHS. 

Before Scheduling a Pre-Operational Inspection
Please ensure: 

  • Construction is complete  
  • All equipment is installed and operational  
  • Hot and cold running water is available  
  • Refrigeration equipment is maintaining required temperatures  
  • Handwashing sinks are stocked and functional  
  • Three-compartment sink and/or warewashing equipment is operational  
  • Required documentation and certifications are available  
  • The facility is clean and ready for operation 

Forms & Applications — Food Establishments

Retail Food Frequently Asked Questions

Licensing and Applications

Yes. Retail Food Licenses are owner-specific and location-specific.

If you move your business to a new location, you must submit a new application, obtain approval from the Gallatin City-County Health Department, and receive a new license before operating at the new location.

Depending on the circumstances, a plan review application, pre-operational inspection, and additional documentation may be required prior to licensure.

Retail Food Licenses are owner-specific and are not transferable to a new owner.

If ownership of a business changes, the new owner must submit a Minor Plan Review Application to the Gallatin City-County Health Department. This application can be found in the Applications section of our website.

Plan review fees vary depending on the type of establishment, square footage, and complexity of the operation.

Please refer to the applicable application packet for the current fee schedule and fee calculation information. If you have questions regarding fees for a specific project, please contact our office.

Starting a Food Business

The Gallatin City-County Health Department has up to 30 days to review a complete plan review application and supporting documentation, such as menus, floor plans, equipment specifications, and other required materials.

Incomplete applications or applications missing required information will take longer to review and may result in requests for additional information before the review can be completed.

Submitting a complete application with all required documentation is the best way to avoid delays in the approval process.

Please note that the 30-day review period begins when the complete application and fees are received by Gallatin City-County Health Department.

No. The Gallatin City-County Health Department reviews applications in the order they are received.

To ensure fairness and consistency for all applicants, expedited or priority reviews are not available. Submitting a complete application with all required documentation can help prevent delays during the review process.

No. Licenses are owner and location specific. It is important to fill out the license application correctly before the process is completed. 

No. A retail food establishment may not open, operate, serve food, or provide food to the public until it has successfully completed a pre-operational inspection and all licensing requirements have been met.

Opening prior to approval and licensure is a violation of Montana law. 

No. Significant menu changes must be reviewed and approved by the Gallatin City-County Health Department before they are implemented.

Different types of food preparation may require additional equipment, facility modifications, employee training, or a Hazard Analysis Critical Control Point (HACCP) Plan. For example, adding processes such as reduced oxygen packaging, smoking for preservation, sous vide cooking, or extensive cooling and reheating procedures may require additional review and approval.

Minor menu changes that do not alter the food preparation processes or equipment needs of the establishment generally do not require approval. For example, a sandwich shop offering a rotating soup or sandwich special would typically not require additional review.

If you are unsure whether a menu change requires approval, please contact our office before implementing the change.

Facility Requirements

While requirements vary based on the type of operation, most retail food establishments are required to have:

  • A three-compartment sink for washing, rinsing, and sanitizing utensils and equipment
  • A designated handwashing sink conveniently located within food preparation areas (handwashing sinks may not be located inside a bathroom)
  • A mop or utility sink for disposal of mop water and cleaning activities
  • Commercial cooking equipment, when applicable
  • Commercial refrigeration and freezer units, when applicable
  • Food contact surfaces that are smooth, durable, non-absorbent, and easily cleanable

Additional requirements may apply depending on the menu, food preparation processes, water supply, wastewater disposal, and facility layout.

Please note: This is not a complete list of requirements. All new establishments must complete the plan review process to determine specific requirements for their operation. 

No. Most retail food establishments are required to have a three-compartment sink for washing, rinsing, and sanitizing utensils and equipment.

While a commercial dishwasher may be used to sanitize dishes and utensils, it does not replace the requirement for a three-compartment sink. Dishwashers can malfunction, require maintenance, or be unable to accommodate certain equipment and utensils. A three-compartment sink provides a backup method for warewashing and is required for manual cleaning and sanitizing when needed.

Additional requirements may apply depending on the type of operation and equipment used. 

No. Mobile food establishments must have running water available for handwashing, dishwashing, and other food safety activities.

If your water system is not functioning, you must discontinue operations immediately. Emergency situations may be considered on a case-by-case basis and must be approved by the health department.

Once running water has been restored, you may reopen if operations were voluntarily discontinued. However, if the establishment was closed by the health department due to lack of running water, you must contact your inspector for a re-inspection before resuming operations.

Food Safety and Approved Foods

The most common sanitizers approved for use in food establishments are:

  • Quaternary Ammonium (Quat)
  • Chlorine (Bleach)
  • Iodine

Sanitizers must be used according to the manufacturer’s instructions and maintained at the proper food-grade concentration to effectively sanitize food contact surfaces.

Food establishments are required to test sanitizer concentrations using the appropriate test strips to verify that the sanitizer is being maintained at the correct strength and is effective for sanitization.

Sanitizer solutions must be stored in a clean, labeled spray bottle or sanitizer bucket and be readily available for use during food preparation and cleaning activities.

If you have a different sanitizer you would like to use, contact the Gallatin City-County Health Department for approval.

An approved food source is food that has been obtained from a licensed and approved supplier, distributor, manufacturer, processor, or food establishment that is operating in compliance with applicable laws and regulations.

Food establishments must be able to provide documentation showing where food products were purchased or obtained upon request.

Foods prepared in a private home, foods from unapproved sources, or foods from unlicensed operations are generally not considered approved food sources and may not be used or served in a retail food establishment.

Yes. Wild mushrooms may be used in a retail food establishment; however, they must be reviewed and approved by the Gallatin City-County Health Department prior to use.

Operators must provide documentation demonstrating that the mushrooms were harvested and identified by an individual with appropriate training, education, or experience in wild mushroom identification.

Please note that additional local requirements apply to the use of wild mushrooms under Health Code Chapter 2. Contact the Gallatin City-County Health Department before serving or selling wild mushrooms to ensure all applicable requirements have been met.

Service Animals and Public Health Questions

Service animals are allowed in the customer seating areas of food establishments as long as they are under control and not creating a nuisance.

Under the Americans with Disabilities Act (ADA), staff may only ask:

  1. Is the animal a service animal required because of a disability?
  2. What work or task has the animal been trained to perform?

Staff may not request documentation, require the animal to demonstrate its task, or ask about a person’s disability.

If the animal is creating a nuisance, is not under control, or is posing a health or safety concern, please contact our office to discuss the situation.

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Questions?

If you have questions regarding cottage food registrations, farmers’ market registrations, food licensing, temporary events, or food safety requirements, please contact the Gallatin City-County Health Department Environmental Health Division. 

Please note: Approval by the Gallatin City-County Health Department does not constitute approval under all other applicable federal, state, local, zoning, building, fire, business licensing, or land use requirements. Operators are responsible for obtaining all other required approvals and permits. 

Contact Us:

Call: 406-582-3120
Email: ehs@gallatin.mt.gov

Temporary Office Location:

400 E. Babcock Street, Bozeman